WOLFE v. COUNTY OF CATTARAUGUS


239 A.D.2d 914 (1997)

659 N.Y.S.2d 634

Jonathan B. Wolfe, as Limited Administrator of The Estate of Katherine A. Wolfe, Deceased, Respondent, v. County of Cattaraugus et al., Respondents, and James H. Tingue, Sr., Appellant. Jeanne C. Nichols et al., as Appointed Guardians of Damon L. Brown, an Infant, Respondents, v. County of Cattaraugus et al., Respondents, and James H. Tingue, Sr., Appellant. Jeanne C. Nichols et al., as Appointed Guardians of Tonya L. Brown, an Infant, Respondents, v. County of Cattaraugus et al., Respondents, and James H. Tingue, Sr., Appellant. Ronald E. Bridenbaker et al., Individually and as Parents and Natural Guardians of John K. Bridenbaker, an Infant, Respondents, v. County of Cattaraugus et al., Respondents, and James H. Tingue, Sr., Appellant. Gary L. Brown, Individually and as Administrator of The Estate of Donna L. Brown, Deceased, Respondent, v. County of Cattaraugus et al., Respondents, and James H. Tingue, Sr., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 30, 1997


Order affirmed with costs.

Memorandum:

We affirm for reasons stated at Supreme Court (Feeman, Jr., J.). Furthermore, for the dissent to maintain that James H. Tingue, Sr. (defendant), owed no duty to plaintiffs' decedents and plaintiffs' infants is tantamount to a determination that one who creates a dangerous condition is not responsible for the foreseeable consequences of his conduct. That theory was rejected...

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